President Donald Trump’s second term has been characterized by relentlessly testing (and often overriding) the legal and constitutional limits of presidential authority. A mountain of legally dubious executive orders, a number of ethically questionable actions, and countless examples of executive overreach have blurred the line on where presidential power starts and ends.
Many of these actions have left the American people wondering: Can President Trump do that?
Quite often, the answer to that question is no.
Campaign Legal Center has created a running list of notable actions taken by President Trump that he does not, in fact, have the authority to take.
Can Trump and his administration build a national citizenship database?
As part of the administration’s unlawful efforts to control elections, the U.S. Department of Justice (DOJ) and U.S. Department of Homeland Security (DHS) have been attempting to retrieve sensitive voter data for unclear and potentially harmful purposes.
This data collection violates voters’ privacy and could even discourage voters from participating in the democratic process altogether.
The DOJ sued several states that refused to hand over this sensitive voter data, and Campaign Legal Center took legal action to protect voters in a number of these states, including Maine, Michigan and New York. We also filed an amicus brief in the League of Women Voters v. DHS to fight back against any attempts by the DHS to use voter data to improperly verify citizenship.
In our brief, CLC highlights the separation-of-powers concerns implicated by DHS’s intervention in verifying voter eligibility.
This attempt to consolidate private and sensitive data by DHS is part of a larger effort to unconstitutionally shift election administration functions to the executive branch.
Can Trump change federal election rules?
On March 25, 2025, Trump signed an executive order claiming to direct several federal agencies to change the rules for federal elections and implement unnecessary barriers to registering to vote.
Congress — not the president — has the power to pass laws that set national voting standards and override state laws governing federal elections. The Constitution does not give the president any role in setting election rules. This executive order contains a host of illegal and unconstitutional demands. That’s why Campaign Legal Center took Trump to court on this matter and won.
Trump attempted to change the federal voter registration form by imposing burdensome documentation requirements. After issuing a temporary pause in our favor in April 2025, the court ruled in November 2025 that the president has no constitutional authority to dictate the contents of the federal voter registration form, and it permanently struck down his unlawful attempt to do so, issuing a final judgment against the government.
Campaign Legal Center continues to litigate other unlawful provisions of this executive order, including the president’s attempt to override state mail ballot receipt deadlines and to make it more difficult for overseas and uniformed voters to use the federal post card application form to register and request absentee ballots.
Can Trump take control of independent agencies?
On February 18, 2025, Trump signed an executive order purporting to give the president veto power over decisions made at independent agencies like the Federal Election Commission (FEC).
Congress designed these agencies to be independent from the executive office, and attempting to place their decision-making underneath presidential authority is illegal. Campaign Legal Center filed a legal brief in the Democratic National Committee’s lawsuit against the Trump administration challenging the constitutionality of this order.
Can Trump get rid of ethics enforcement?
On January 24, 2025, Trump announced the immediate firing of at least 17 inspectors general (IGs) across the federal government.
IGs are ethics enforcers who conduct independent investigations to ensure that public officials are not engaging in unethical or corrupt behavior at the expense of taxpayer funds and the public good. IG investigations in Trump’s first term uncovered at least eight instances of corruption among Cabinet members.
These immediate firings are illegal — the president can only remove IGs after providing a 30-day notice to Congress.
Can Trump end birthright citizenship?
On January 20, 2025, President Trump issued an executive order attempting to end birthright citizenship. The order would apply to children born to people who are in the country without authorization or who hold work, student or tourist visas.
But the 14th Amendment and more than a century of Supreme Court precedent are clear: Individuals born in the United States are citizens — no matter who their parents are.
Birthright citizenship is the law of the land and cannot be changed by any politician. That’s why Campaign Legal Center submitted a brief on behalf of Secure Families Initiative in State of Washington et al. v. Trump to urge the court to block Trump’s unconstitutional attempt to end birthright citizenship.
This post was last updated on May 19, 2025.
